Texas House Bill HB1059

Texas 2023 - 88th Regular

• Filed: 12/20/22

Caption

Relating to a prohibition on prosecuting or referring to juvenile court certain persons for certain conduct constituting the offense of prostitution, to the provision of services to those persons, and to the prosecution of related criminal offenses.

Impact

If enacted, HB 1059 would significantly change how law enforcement and the juvenile justice system address minors involved in prostitution-related offenses. It stipulates that any child suspected of sex trafficking must be taken into protective custody and transferred to the Department of Family and Protective Services (DFPS). This approach is intended to provide necessary services and therapy tailored to the child's needs rather than treating them as offenders. The legislation aims to improve the outcomes for minors who are victims of sexual exploitation and trafficking, thus promoting a more compassionate and supportive system.

Summary

House Bill 1059, known as the Child Sex Trafficking Victims Protections and Provisions Act, seeks to amend Texas law to prohibit the prosecution or referral to juvenile court for minors involved in conduct constituting prostitution. The bill recognizes that children under the age of 17 cannot legally consent to engage in sexual acts and thus cannot be held accountable as criminals for such behavior. Instead, the legislation emphasizes the need for protective services and rehabilitation for these victims rather than punitive measures, fundamentally altering the state's response to child victims of sexual exploitation.

Sentiment

The discussions surrounding HB 1059 highlight a predominately positive sentiment among advocates concerned with child welfare and anti-human trafficking efforts. Many legislators and advocacy groups, including Traffic 911, spoke in favor of the bill, underscoring its importance for protecting vulnerable children from prosecution and emphasizing their status as victims rather than offenders. However, there were some concerns regarding the availability of resources for DFPS to manage these cases effectively, particularly in rural areas, raising questions about the bill's practical implementation.

Contention

Despite the overall support for HB 1059, there are notable points of contention. Some participants in the discussions expressed concerns that the current infrastructure may not be sufficient to handle the influx of cases resulting from the bill's provisions. Critics, including certain juvenile probation officers, highlighted the limitations of DFPS in adequately providing the necessary services and monitoring required for these vulnerable children. This indicates a need for further investment and resources in child protective services to ensure the successful implementation of this important legislation.

Texas Constitutional Statutes Affected

Family Code

• Chapter 51. General Provisions
  • Section: New Section

Penal Code

• Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
  • Section: New Section

• Chapter 43. Public Indecency
  • Section: New Section